A/HRC/23/39
36.
For instance, the obligation for associations to route funding through state channels;
to report on all funds received from foreign sources and how these are allocated or used
(e.g. Kyrgyz Republic); to obtain authorization from the authorities to receive or use funds
(e.g. Jordan, Sudan) all constitute human rights violations. In some cases, not only does
legislation providing for an authorization procedure not comply with international law, but
the implementation of such strict provisions is also problematic For example, in
Bangladesh, a human rights association encountered arbitrary delays greatly in excess of
the legal 45-day period before receiving a response to an application for project approval
from the NGO Affairs Bureau; in Egypt, a women rights association was granted approval
for funding seven months after its request, which was far beyond the 60 days prescribed by
law. In some other cases (e.g. Azerbaijan, Uganda, Zimbabwe), activists were subject to
intimidation and sometimes physical assault aimed at forcing them to provide the names of
their funding partners.
37.
Fundamentally, the Special Rapporteur believes that associations should be
accountable to their donors, and at most, subject by the authorities to a mere notification
procedure of the reception of funds and the submission of reports on their accounts and
activities.
38.
The transparency and accountability argument has, in some other cases, been used to
exert extensive scrutiny over the internal affairs of associations, as a way of intimidation
and harassment. The Special Rapporteur warns against frequent, onerous and bureaucratic
reporting requirements, which can eventually unduly obstruct the legitimate work carried
out by associations. Controls need therefore to be fair, objective and non-discriminatory,
and not be used as a pretext to silence critics. Composition of the supervisory body also
needs to be independent from the executive power to ensure its decisions are not arbitrary.
The Special Rapporteur is of the view that if an association fails to comply with its
reporting obligations, such minor violation of the law should not lead to the closure of the
association (e.g. Belarus) or criminal prosecution of its representative (e.g. Egypt); rather,
the association should be requested to promptly rectify its situation. Only this approach
corresponds to the spirit and the letter of freedom of association.
4.
Aid effectiveness and funding control
39.
International development cooperation between States has greatly increased in
recent years and has allowed for advancing global development. To ensure the quality of
aid, more collaborative approaches have now emerged. The Aid Effectiveness Agenda of
the Paris Declaration (2005), the Accra Agenda for Action (2008) and the Busan
Partnership for Effective Development Cooperation (2011) are implementation frameworks
aimed at enhancing the effectiveness of aid. They have gradually required harmonization of
donor initiatives and accountability of development partners, but also required partner
States to take ownership of aid initiatives. Nevertheless, in some cases, the principles
identified within this framework (namely, ownership, alignment, harmonization, results and
mutual accountability) have been interpreted by some States as giving them the sole power
to determine priorities and subsequently control the plans of CSOs, thereby justifying
limitations over the activities of civil society actors, including their right to seek and use
foreign funding. While an inclusive and participatory process towards aid is to be
welcomed, a rights-based approach is needed to ensure civil society’s access to funding is
not unduly restricted.
40.
The Special Rapporteur highlights that coordination of aid is not listed as a
legitimate ground for restrictions under the International Covenant on Civil and Political
Rights. Furthermore, he underlines that barriers in the name of aid effectiveness have little
in common with “the interests of national security or public safety, public order (ordre
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